J. JOSEPH CURRAN

DONNA HILL STATON
MAUREEN M. DOVE

Attorney General

Deputy Attorneys General

STATE OF MARYLAND
OFFICE OF THE ATTORNEY GENERAL
JUVENILE JUSTICE MONITORING UNIT

Special Timely Report
Facility:

Thomas J. S. Waxter Children’s Center
375 Red Clay Road
Laurel, MD 207
Phone: 410 792-7416
Superintendent: Janice Gardner

Date(s) of Visit:

February 1, 2006

Reported by:

Katherine A. Perez, Director
Kim R. Bones, Juvenile Justice Monitor

Nature of Issue:

Child Abuse Allegation

Staff Interviewed:

Quanetta West, Assistant Superintendent
Administrative Officer
Supervisory staff
Various line staff

Other Agency Involvement:

Anne Arundel Co. Dept. of Social Services
Maryland State Police (MSP)

Date of Report:

March 28, 2006

INTRODUCTION:
During an unannounced visit, this monitor and Katherine Perez, Director of the
Juvenile Justice Monitoring Unit, witnessed an altercation between three staff
members and a female youth that resulted in an allegation of child abuse.
KEY FINDINGS:
Incident:
At approximately 10:00am, this monitor and Ms. Perez were exiting the Tour
Office. The Detention Unit was standing in a line waiting to go to the education
trailers. This monitor heard a female youth state that a male staff member was
“nasty” looking a female staff member’s behind. After stating it a few times, the
line began to exit into the stairwell. The male staff member stopped the line and
reached into the stairwell and brought the female youth back into the hallway.
The female youth told him not to touch her as he directed her to walk into the
Tour Office seclusion room. The DJS Incident Report stated, “The youth was
being placed in the seclusion room.” Placing the youth in seclusion for making
the statements violated the following DJS policies, procedures, and standards:
DJS Procedure Directive #14, Locked Door Seclusion, states seclusion shall not
be used as punishment and shall not be used as a sanction for minor
misbehavior such as excessive loud talking.
DJS Detention Standard 5.3.4.4, Attitude, A youth shall not be sanctioned for
displaying what is viewed as an undesirable attitude.
DJS Detention Standard 5.4.4, Absolute necessity required, Physical force may
only be used in circumstances in which it is absolutely necessary.
DJS Policy Number 03.14.04, Limits on Use of Restraints and Seclusion, A
facility employee may place a youth in locked door seclusion only if:
(a) It is clearly necessary to prevent
(i) imminent physical harm to the youth or other individuals;
(ii) imminent and substantial destruction of property; or
(iii) escape; and
(b) Less restrictive methods of behavior control have failed or cannot
reasonably be implemented.
Once out of the monitors’ sight, the female youth began to yell and curse at the
male staff member while making statements such as, “don’t touch me” and “get
off my stomach”. This continued while the monitors entered the Detention Unit
and talked to five female youth sitting at a dayroom table. This monitor notified
the Unit Manager about the female youth in the Tour Office yelling. When the
yelling continued, the monitors began observing the incident through a window in
the door of the staff area. Eventually, we observed the male staff member and
two female staff members in a seclusion room with the female youth. The female

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youth was visibly upset and yelling at the male staff member while the two female
staff members were restraining her. The male staff member did not leave the
room. The female youth then spit on the male staff member and he raised his
fist. He started moving toward the youth but one of the female staff members
stopped him and pushed him back to the doorway. He again moved toward her
and was able to swing at the youth twice. The monitors were unable to see where
the punches landed. Both female staff members then restrained the male staff
member by pushing him out of the room.
It should also be noted that at no time did the staff in the Tour Office call for
“staff assistance” from all available staff on duty to assist with resolving this
situation. This monitor contacted Ms. West, Assistant Superintendent by cell
phone to notify them of the incident because staff members had failed to do so.
Ms. West immediately responded to the Tour Office and began accessing the
situation.
DJS Policy 02.09.13.A3, Use of Force, In order to minimize the risk of injury to
both youth and staff, whenever possible a sufficient number of Resident
Advisors shall be employed for any use of force.
Two Tour Coordinators and an Administrative Officer were within a few feet of
the incident but failed to assist or place a call for assistance from other staff. The
staff members stated that they heard the youth making threats towards the male
staff member and screaming constantly.
This monitor reported the incident to Anne Arundel County Department of Social
Services (DSS) and the results of their investigation are pending. The Maryland
State Police (MSP) stated that Anne Arundel County State’s Attorney’s Office
failed to charge the male staff member for any criminal activity. The male staff
member and two female staff members were cited in the DJS Office of
Professional Responsibility and Accountability (OPRA) investigative report for
violating policies and procedures.
Immediately following the incident, the Administrative Officer and one of the
Tour Coordinators went to another unit for scheduled training. Ms. West briefed
neither staff member before they left the area.
The female youth was given medical attention after the altercation and it should
also be noted Ms. West informed this monitor and Ms. Perez that the youth is
pregnant.
OPRA Investigation:
This monitor noted several inconsistencies with the investigation. During the
incident, two youth were standing in the Tour Office and were not required to
write statements about what they may have seen or heard. Neither youth was
interviewed also. One of the youth was in seclusion for assaulting a staff member
the evening prior to this incident. The monitors observed her standing in front of
her room with a mop in her hand and at no time did staff remove the mop and

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lock her in her room during the incident. The second youth was recently admitted
to the facility and completing her intake evaluation with the Tour Coordinator.
DJS Standard of Conduct 2.13.2, An employee may not fail to take an action
when the failure to act causes a breach of security or potential breach of
security by jeopardizing the safety or security of any employee, delinquent
youth, or offender.
The three youth that were sitting in the hallway with an Administrative Officer
during the incident were interviewed. Two youth stated that they were able to see
the male staff member grab the youth’s arm in the stairwell and the female staff
member escorting the group stated that he “put his arm underneath of her” before
she yanked away. A staff member sitting on the bench stated that he never
touched the youth in the stairwell. One youth stated that the Tour Office door was
open and she stood up and watched the youth and male staff member go inside.
She then stated that she saw the male staff member push the youth into the room.
The male staff member also stated that he pushed the youth. During the incident,
this monitor observed two female staff members standing at the Tour Office with
the door open and a contractor walking in and out of the Tour Office. The
Administrative Officer denied entering the Tour Office during the incident but
was observing the area through the door. She failed to instruct the Tour
Coordinators to secure the area from visitors and other youth until the situation
was under control. She also failed to secure the youth on the bench as one youth
was able to stand and watch the altercation.
The investigative report does not include a statement from Assistant
Superintendent West. She was the first DJS Administrator to interview the youth
and staff members immediately following the incident. This information was
documented and included in the report. After Ms. West left the Tour Office, she
interviewed the male staff member before placing him on administrative leave.
The statements made by the staff member during the interview were not
documented and provided to the OPRA Investigator.
DJS Policy Number 01.01.13, Investigating Child Abuse and Neglect, No later
than 24-hours after alleged child abuse occurs, the administrator shall send a
written report to OPRA and the Assistant Secretary. The policy also states that
upon being notified of suspected child abuse the administrator should confirm
orally that MSP and DSS have been notified.
Two staff members provided written statements detailing that the youth was very
combative and hearing the male staff member instructing the youth the “get off of
him about five times”. One statement details the youth stating, “I’ll kill you.”
Neither of these staff members attempted to assist the male staff member.
The Administrative Officer stated that staff members said nothing to the female
youth before asking her to step out of the line and go into the Tour Office for
seclusion. Completed Use of Force forms were not included with the OPRA
investigative finding report that was issued to the JJMU by DJS.

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DJS Policy 02.09.13F, Use of Force, If physical force of any kind is used, staff
shall immediately notify his or her supervisor and, before the end of the
employee’s shift, provide the Superintendent with a signed and dated “Use of
Force Report” which details:
1. The behavior of the youth and how the behavior of the youth
Presented an imminent danger to the youth, other youth, staff, or the
security of the facility;
2. The alternatives, which were attempted, or an explanation of why
Alternatives were not reasonably available;
3. The exact nature of the force used and why it was the minimum
amount of force necessary;
4. Any injuries sustained by anyone involved and the medical attention
sought for these injuries.
5. All youth, staff, or other persons who were in or witnesses to the use
of force; and
6. The date, time, and exact location of the incident.
DJS Policy 02.09.13G, Use of Force, Every use of force shall be recorded in the
appropriate facility and unit logbooks, and a copy of the Use of Force Report
shall be placed in the youth’s base and unit files. Copies of the Use of Force
Report shall also promptly be sent to the Assistant Secretary for Residential
Services and OPRA.
The Administrative Officer stated that the group of Detention Unit youth entered
the hallway totally out of control, noisy, and unruly. She stated that after the
female staff member escorting the unit failed to conduct a required count of the
youth. She then stated that after the unruly youth was removed from the line; the
female staff member proceeded to remove the Detention Unit from the area to the
dining hall enroute to the education trailers. At no time did the Administrative
Officer’s statement address before the youth exited the main building. The
statement also did not address whether additional staff assisted the female staff
member with gaining control of her group before leaving the main building and
going outside. It should be noted that the Detention Unit Manager was on the
unit unaware that his staff was having a problem in the hallway. No one
contacted him for assistance with ensuring the group walked quietly to school.
DJS Detention Standard 5.1.2.04 states that direct care staff shall regulate all
movement from one location to another, including individual and group
movement to and from activities and programs according to written policies and
procedures.
DJS Standard of Conduct 2.35 states that an employee assigned to conduct a
count of any youth shall ensure that the recorded count accurately reflect the
number of youth in the assigned area.
DJS Detention Standard 5.1.2.03 requires supervisory staff to provide a written
report to the facility’s Program Manager for appropriate corrective action when
unsafe conditions are discovered.

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RECOMMENDATIONS:
1. Force should be used when there is imminent danger and when other lesser
alternatives are not suitable.
2. Youth should be placed in seclusion in accordance with DJS policy.
3. A sufficient number of staff members should be employed for any use of
force.
4. Following an altercation with a youth, staff members should remove
themselves from the area when assistance arrives.
5. All other youth in the immediate area should be secured in rooms during an
incident.
6. All persons involved in or witnesses to an incident should provide a statement
and be interviewed by an investigator.
7. Staff should be held accountable for failure to take action to prevent a possible
breach of security by jeopardizing staff or youth safety.
8. Supervisory staff should ensure that counts are conducted as required before
allowing the unit to exit an area.
9. Unit Managers should be contacted to assist when their staff and youth are not
following rules and regulations.
10. All staff should be held accountable when providing inaccurate or incomplete
statements.

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